Canfield v. Andrew
Supreme Court of Vermont
This cause was heard at the December Term, 1880, Veazby, Chancellor, on bill, answer, replication and proofs. The bill was fro forma dismissed. The facts sufficiently appear in the opinion of the court, except the following.
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This cause was heard at the December Term, 1880, Veazby, Chancellor, on bill, answer, replication and proofs. The bill was fro forma dismissed. The facts sufficiently appear in the opinion of the court, except the following. The bill states : “That in 1857, one Property McDonald built, with orators’ consent, a saw-mill on said land and stream ; that in 1863 orators owned and took possession of said mill, and have ever since owned the same, and the dam and privilege connected therewith, and have ever since continuously and are now running and using the same, and for the motive power have and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, Ch. J.
The bill in this case alleged that the orators then were, and for a long time previous had been, the owners and possessors of a mill and the necessary machinery for operating the same, situate on a small stream flowing into the Battenkill river, in the town of Arlington ; that they were the owners of the land through which said stream runs between said mill and the Batten-*11kill river; that said stream was constituted of two small streams the sources of which were some distance above the lands of the orators, and which united their waters…
2Cases cited3 opinions
- Snow v. ParsonsSupreme Court of Vermont · 1856
- McCartee v. TellerCourt for the Trial of Impeachments and Correction of Errors · 1831
- Jacobs v. AllardSupreme Court of Vermont · 1869
3Cited by9 opinions
- Lockwood Co. v. LawrenceSupreme Judicial Court of Maine · 1885
- Cloyes v. Middlebury Electric Co.Supreme Court of Vermont · 1907
- Parker v. American Woolen Co.Massachusetts Supreme Judicial Court · 1907
- Smith v. Staso Milling Co.Court of Appeals for the Second Circuit · 1927
- Doty v. Village of JohnsonSupreme Court of Vermont · 1910
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